THE LATEST INSIGHTS FROM GILBERT ATTORNEYS
December 21, 2020
Administration of Coronavirus Vaccines May Raise Constitutional Issues
With the development of COVID-19 vaccines, the world may finally be looking at a solution to the pandemic that has […]
October 23, 2020
North Carolina Court Holds That All Risk Policies Cover COVID-19 Business Income and Extra Expense Losses as a Matter of Law
On several occasions, my law partner Mark Packman and I have published articles discussing that initial COVID-19 insurance coverage decisions […]
October 20, 2020
Bedrock Principles of Insurance Contract Interpretation May Aid Policyholders Seeking Coverage for Losses Due to COVID-19
Determining how an insurance policy applies to a situation not anticipated by the policy’s drafters often results in disputes between […]
October 15, 2020
Insurer Suggests Some Viruses Can Knock Down Buildings, Just Not COVID
Insurers like to trumpet litigation wins on COVID business interruption coverage, but it’s helpful to actually read the decisions. Take […]
July 20, 2020
Renewed Shutdowns/Restrictions Present Interesting Issues Regarding COVID-19 Business Interruption Claims
In recent weeks we have published multiple pieces on issues related to the calculation of damages under business interruption policies […]
July 15, 2020
Proposed Legislation Regarding Business Interruption Insurance for COVID-19 Claims
In recent writings, we’ve informed you about insurance legislation introduced in several states to deal with the coronavirus pandemic. This […]
June 24, 2020
Interplay of Mitigation and COVID Business Interruption Claims
On June 15, 2020, Society Insurance (“Society”) filed a motion in the United States District Court for the Eastern District […]
June 03, 2020
Reasons for Communicating Clearly with Your Insurer Regarding the Scope of Coverage Before Purchasing Cyber Insurance
Purchasing cyber insurance is notoriously complex—standard form policies do not currently exist, many key terms setting the scope of coverage […]
May 27, 2020
Legislation Enabling Policyholders to Obtain Insurance Coverage for Coronavirus Claims Is Constitutional (Part 2)
In Part One of this post, we discussed proposed legislation addressing the rights of policyholders to business interruption coverage for […]
May 26, 2020
Legislation Enabling Policyholders to Obtain Insurance Coverage for Coronavirus Claims Is Constitutional (Part 1)
The Coronavirus Crisis On top of its human toll, the coronavirus pandemic has had massive economic effects. Stay-at-home orders, which […]
March 26, 2020
Social Distancing During Wedding Season: Mitigating Loss and Securing Insurance Coverage
In a typical year, March flowers hint at wedding showers soon to be celebrated. But 2020 is not a typical […]
March 25, 2020
Non-Public Companies Should Not Forget D&O Insurance When Evaluating Coverage That May Respond To COVID-19-Related Losses
Though most initial COVID-19 insurance-related analysis is focusing on first-party insurance, companies should also review their third-party insurance coverage in […]
March 23, 2020
Businesses At Risk Of COVID-19-Related Lawsuits Should Consider Providing Notice of Circumstance Under Current Claims-Made Liability Policies
Health and safety are rightly everyone’s first priority as COVID-19’s unprecedented impact continues to grow each day. But businesses should […]
March 18, 2020
Coronavirus and Implications on Employment Claims and Insurance
My colleague, Jason Rubinstein, recently wrote a piece highlighting potential impacts the coronavirus pandemic might have on various commercial lines […]
March 12, 2020
Coronavirus and Commerce: Possible Insurance Implications
The coronavirus pandemic and its consequences are spreading throughout the world at an alarming rate. Governments at all levels and […]
January 22, 2020
Can U.S. Companies Insure Against a Trade War?
The recent trade deal between the U.S. and China was welcome news for U.S. companies with investments in China. The […]
September 12, 2019
Playing with Fyre: Insurance Considerations for Music Festival Organizers
Just weeks before it was set to begin, Woodstock 50 gasped its final breath. But the steady drumbeat of problems […]
July 03, 2019
Tours in Trouble: A Rock Star’s Response to Coverage Denials Based on Physical Injury or Mental Health
Touring is a major source of profits for today’s successful recording artists, and they spend considerable sums on venues and […]
March 28, 2019
Life on the B Side: Social Media Advertising Under CGL Coverage B (Part 2)
The following is Part II in our two-part series on the intersection between social media advertising and the lesser known […]
March 26, 2019
The Opioid Crisis Costs Billions. Will Insurance Pay For It? (Part 2: “Occurrence”)
Every day we learn new horrors about America’s opioid epidemic. As discussed in my last entry, insurance issued to the […]
March 05, 2019
FAA Proposes Amendments to Rules Applicable to Drones
Nearly four years ago I first wrote about the proliferation of commercial drones and the myriad of insurance and regulatory […]
February 26, 2019
Social Media Advertising Under CGL Coverage B (Part 1)
The following is Part I of a two-part series on the intersection between social media advertising and the lesser known […]
February 11, 2019
Securing Coverage for Wrongful Termination
Employers can be subject to a wide array of employment-related claims and often purchase employment practices liability insurance (EPLI) to […]
January 10, 2019
The Opioid Crisis Costs Billions. Will Insurance Pay For It? (Part 1)
There is an opioid crisis plaguing the United States. Millions of Americans are addicted, and tens of thousands die annually […]